H1B Employers and Workers
H1B status is highly desired by employers and equally by employees because it allows the employment of highly skilled foreign national workers. Physicians and other health care professionals, engineers, professors, teachers, scientists, lawyers, and many other professionals are eligible to work for U.S. employers upon approval of the petition.
Advantages of Having an H1B Immigration Status
H1b workers can maintain lawful immigration stay for up to 6 years and more,
Apply for a legal visit for dependent family members and
Apply for lawful permanent residence.
Bachelor's or higher educational degree is a job requirement. (Years of experience can substitute educational requirements.)
H1b preparation and planning should start early.
H1B filing is initiated by the employer registering with the USCIS. Registration of employers as h1b initiation process began for the first time in the Fiscal Year 2021 (October 1, 2020, through September 30, 2021). Employers who intend to file h1b petitions to hire foreign nationals for FY 2022 must first register with the USCIS first. A selection process will then be conducted through random lottery picks to fill the cap-subject H1bs. Only the employers whose registration is selected in the lottery can submit the h1b petitions.
USICS announced the third lottery selection of the registered employers for the FY2022 h1b cap. Selected employers may file their h1b petition until Feb 23, 2022.
Wage-based selection is delayed
New Wage based selection process under the new rule dated 1/8/21 is postponed until December 31, 2021.
The following h1b petitions can be filed anytime and are not cap-subject:
Extension of stay
Change h1b employment terms
Change of h1b employer
Concurrent H1b petition
Recapture of h1b time spent outside
What is Recapture?
An H-1B visa holder is entitled to a full 6-year status from the initial entry into the status. Any unused time, e.g., 'days' spent outside the U.S. by an H-1b holder, does not count towards the maximum allowable period of stay and may be considered to extend the 6-year-period by the same number of days. This provision applies to L visas also.
H1b employer must pay a higher actual wage or the prevailing wage prevailing in the area for the position, upon the termination of employment, pay return travel expenses, among other obligations. Call for advice.
American Competitiveness in the Twenty-First Century Act (AC-21) porting
In many cases, a 7th-year extension beyond 6 years of your total h1b employment is possible. Normally, the allowed h1b work period is a total of 6 years, three years first and extendable to another three years. AC21 allows the foreign national worker to continue in h1b status beyond 6 years under some circumstances!
Extension of H1B status beyond 6 years is possible for a year or three years if a permanent residence petition is filed before the 5th year of h1b and is pending.
Contact a knowledgeable attorney as early as possible for an uninterrupted and lawful stay and employment. Ideally, you should contact my office as early as possible and before the end of your 4th H1B year with information about the permanent residence petition.
Faster processing of h1b petitions is possible for an additional filing fee of $1440. It requires the agency to take decisive action on an H1B petition within 15 days of its receipt, and premium processing is optional.
For more information on planning for your immigration status, call to schedule a consultation.
Amendment of h1b
Material changes in the h1b employment initially approved necessitate the employer filing an amended petition. These could include organizational restructuring, significant changes in the job duties, and changes requiring a new labor condition application.
Call for advice if have questions about whether the employer is required to file an h1b amendment petition.
Call If You Need Help And You Are
U.S. EMPLOYER and have found a qualified foreign national you would like to hire for a period of up to three years; or,
FOREIGN NATIONAL with a job offer from a U.S. employer and would like to:
Apply for authorized employment; or,
Know if you qualify for h1b; or,
Have your employer file an h1b petition for you; AND... IF,
The position requires a Bachelor's Degree or higher as a minimum educational qualification.
(All requests are first assessed whether H1B eligibility criteria can be met.)
Questions about initial h1b or extension eligibility with the change of status or Consular Processing need; Cap Exempt h1b Organizations; Prevailing Wage; Employer Obligation under Labor Condition Application or LCA; Eligibility to Pay; h1b Fraud Inspection; Relocation of job or Employer; Business Merger or Acquisition; issues about h1b admission or change of status with impending international travel.
Whether the employer qualifies to file cap-exempt H1B requires an in-depth analysis. Normally, a non-profit or higher educational institution qualifies for this exemption, but many other institutions may also be eligible through affiliation. Physicians, professors, researchers, etc., seeking employment at a university, an affiliated hospital, or other institution can seek cap-exempt H-1B status.
H1B employer need not be the one who had filed the Labor Certification for the employee.
H1b cases have been worked on in the following industries: Healthcare, Business Management, Building Construction, Education, Engineering: Information Technology, Pharmaceutical, Environmental, Automotive, Sports, Manufacturing, Electronics, Heating & Cooling, and communications.
The Numerical limit
H1b submissions should be well prepared because under the new policy, in case of insufficient evidence of eligibility, USCIS can deny the h1b petition instead of sending a "request for evidence."
Abused spouse of an H non-immigrant may seek work authorization.